Good afternoon,
I’m in need of some advice and going around in circles.
I am a self represented applicant in a general protections dismissal case.
We have had first directions hearing where we were ordered to file and serve affidavits.
I filed and affidavit and the respondent filed an affidavit also by with their witness affidavit.
I have not been asked to file my witness affidavits yet and we return to court for further directions shortly.
My question:
The witness affidavit filed by the respondent i believe is inadmissible.
Do I mention this to the judge at further directions hearing (being mindful I don’t want to annoy them or appear unprepared) or is there a form I can file to object?
The reasons I beleive it is inadmissible are that it is misleading as the witness states their address as an Australian address when they reside overseas and has never lived here. There is no information in the affidavit that they are an overseas based worker which makes some of their points misleading.
The information in the affidavit is also questionable with regards to relevance and hearsay.
Any advice welcome - I want this rubbish thrown out of court - will also add it contains no evidence and of course is full of lies.
Many thanks in advance
I’m in need of some advice and going around in circles.
I am a self represented applicant in a general protections dismissal case.
We have had first directions hearing where we were ordered to file and serve affidavits.
I filed and affidavit and the respondent filed an affidavit also by with their witness affidavit.
I have not been asked to file my witness affidavits yet and we return to court for further directions shortly.
My question:
The witness affidavit filed by the respondent i believe is inadmissible.
Do I mention this to the judge at further directions hearing (being mindful I don’t want to annoy them or appear unprepared) or is there a form I can file to object?
The reasons I beleive it is inadmissible are that it is misleading as the witness states their address as an Australian address when they reside overseas and has never lived here. There is no information in the affidavit that they are an overseas based worker which makes some of their points misleading.
The information in the affidavit is also questionable with regards to relevance and hearsay.
Any advice welcome - I want this rubbish thrown out of court - will also add it contains no evidence and of course is full of lies.
Many thanks in advance